The Brookings County Board of County Commissioners met in regular session on Thursday, August 20, 2002, with the following members present: Emil Klavetter, Sara Kneip, Don Larson, Barb Telkamp, and Ray Santema via telephone.  Also present: Stephanie Vogel, Kelly Bakken, Mary Negstad, Don Kjellsen, Dennis Falken, Wm. Mark Kratochvil, Joyce Dragseth, Gerald Christianson, Don Hoffman, Ken Swedlund, Pat Garcia, Dick Smith, Russ Olson, and Pat Fishback.

Chairperson Emil Klavetter called the meeting to order.

APPROVAL OF AGENDA / MINUTES
Motion by Kneip, seconded by Larson, to approve the agenda for August 20, 2002 meeting as amended.  All voting “Aye.”
Motion by Telkamp, seconded by Kneip, to approve the minutes for the August 13, 2002 meeting approved as amended.  All voting “Aye.”

COMMISSION REPORTS
Commissioner Larson reported on the Government Affairs Meeting, Planning & Zoning Meeting, and the Employee Picnic.
Commissioner Telkamp reported on the Brookings Area Transit Meeting, East Central Mental Health Meeting, Employee Picnic, Sioux Valley District Meeting, and the Planning & Zoning Meeting.Commissioner Kneip reported on a Department Budget Meeting.Commissioner Klavetter reported on the Special Planning & Zoning Meeting, Sioux Valley District Meeting, Housing Commission Meeting, Planning & Zoning Meeting, and the Employee Picnic.

OTHER MATTERS

Motion by Larson, seconded by Telkamp, to approve the recommendations of the Brookings County Welfare Director for the following applications for County assistance.  All voting “Aye.”  Case #02-112 for utilities was approved; Case # 02-113 for rent was approved; Case #02-114 for utilities was denied; Case #02-115 for rent was denied.

Motion by Telkamp, seconded by Kneip to approve the following travel/education requests.  All voting “Aye.” Highway Superintendent, Ted Eggebraaten to go to Pierre, SD on August 15, 2002 to attend the SDLTAP Advisory Board Meeting.

Deputy Auditor, Kelly Bakken presented the board with the Auditors Report.

Be it noted, Register of Deeds statement of fees was filed in the County Auditor’s Office collected for the month of June 2002 in the amount of $37.50 for interest.

Be it noted, Register of Deeds statement of fees was filed in the County Auditor’s Office collected for the month of July 2002 in the amount of $21,557.50.

Bakken submitted the following quotes for the Brookings County Highway Department for Ethanol Gasoline: Ag First Coop, Volga $1.10; Cenex, Elkton $1.13; Martin Oil, Brookings $1.105.  Ag First Coop, Volga was awarded the quote at $1.10.

Motion by Telkamp, seconded by Kneip, to approve and to authorize the Chair to sign Resolution # 02-46.  The Plat of Lots 1, 2, 3, 4, 5, 6, and 7 of DeBoer’s Lake Tetonkaha Subdivision in Government Lot 6 in the SW1/4 of 8-111-51, Brookings County, South Dakota.  All voting “Aye.”

Commission Assistant/Personnel Director, Stephanie Vogel presented the board with the Commission Assistant/Personnel Director Report.  Motion by Kneip, seconded by Telkamp, to authorize the Chair to sign purchase agreement # 000679 with Swiftel Communications in the amount of $4,376.23.  All voting “Aye.”

Extension Educators, Mel Kloster, and Rose Stee met with the board to deliver their monthly report.

Highway Superintendent, Ted Eggebraaten and Zoning Supervisor, David Rusten met with the board to discuss the correspondence received from the Department of Transportation concerning the FHWA Adjusted Urban Boundary.

Don Hoffman met with the board to discuss concerns and repair options on County Road 35 also known as 487th Avenue.  Also present: Highway Superintendent, Ted Eggebraaten.  Be it noted, a traffic count will be done on this road.

Ryan Krogman, with Century 21 met with board to distribute sales information on the former DM&E office building.

Todd Meierhenry of Danforth, Meierhenry, & Meierhenry, LLP met with the board to discuss the Tax Incremental District # 1 (located near Aurora, SD).  Motion by Larson, seconded by Kneip, to approve Resolution # 02-45.  All voting “Aye.”  Also present:  Wm. Mark Kratochvil, Russ Olson, David Rusten, Rick Eggebrecht, and Keith Bortmen.

RESOLUTION #02-45

RESOLUTION PROVIDING FOR THE CREATION OF TAX INCREMENTAL DISTRICT NUMBER ONE, COUNTY OF BROOKINGS

WHEREAS, the Planning Commission has submitted a proposed project plan for Tax Incremental District Number One, County of Brookings and has recommended its creation.

WHEREAS, the Brookings County has the power, pursuant to SDCL 11-9-2(1), to create the Tax Incremental District Number One, County of Brookings and define its boundaries.

THEREFORE, IT IS HEREBY RESOLVED:

1.        Authority and Declaration of Necessity.  The County declares the necessity for the creation of the Tax Incremental District Number One, County of Brookings pursuant to SDCL 11-9.  Further, the County finds that
the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the county.

2.         Findings of Blight.  The Commission makes the following findings with regard to blight[TVM1] :

a.      More than 25%  of the property in the District is a blighted area;

b.      Improvements to the District are likely to add millions of dollars assessed valuation to the district and will significantly and substantially enhance the value of all property in the district;

c.      There is a reasonable likelihood that there will be an ethanol plant built in the District by VeraSun.

d.      The aggregate assessed value of the District plus the tax Incremental base of all other existing districts in the county does not exceed ten percent of the total assessed valuation in the County.

e.      The District is open bare land void of site improvements which impairs the sound growth of the County.

f.        Business that manufacture, process, store, transport or sell agricultural products are essential for the sound growth of the County.

g.      The legal title to the District is unusual and requires substantial legal and title costs to accommodate development within the District.

h.      The District lacks water connections which substantially impairs the sound growth of the District.

i.        The District lacks sewerage connections or treatment which substantially arrests the sound growth of the District.

j.        The District lacks streets, roads and rail sufficient to transport high volume agricultural products.

k.      Lack of businesses that manufacture, process, store, transport or sell agricultural products constitutes and economic and social liability and is a menace to the public heath, safety, morals and welfare.

l.        The District constitutes a blighted area as defined in SDCL 11-9.

3.        Findings of Maximum Percentage of Tax Incremental Districts.  The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed ten percent of the total
assessed valuation of the County[TVM2] .

4.        Creation of District.  There is hereby created, pursuant to SDCL 11-9 the Tax Incremental District Number One, County of Brookings (the "District").  The District is hereby created on the day this resolution
becomes effective which shall be twenty days after publication[TVM3] .

5.         Designation of  District boundaries.  The District shall have boundaries which shall included the following described real property[TVM4]:

NW 1/4; NE 1/4 (except Whitehead First Addition); and VeraSun Second Addition, all in Section 34, T110N, R49W (Aurora Township).

6.        Findings and Approval of Plan.  A hearing by the Planning Commission concerning the creation and boundaries of the District was held on August 19, 2001.  The County finds that the plan is feasible and in conformity with the master plan of the County.  Pursuant to SDCL 11-9-17, the County hereby approves and adopts the project plan as submitted by the Planning commission [TVM5].

7.        Creation of Tax Incremental Fund.  There is hereby created, pursuant to SDCL 11-9-31[TVM6] , a Brookings County Tax Incremental District Number One Fund.  All tax Increments collected pursuant to Tax Incremental District Number One shall be deposited into the Tax Incremental District Number One Fund.  All funds in the Tax Incremental District Number One Fund shall be used solely for those purposes expressly stated and reasonably inferred in  SDCL 11-9.

Passed and approved this 20th day of August, 2002.
__________________________
Emil J Klavetter
Chairman

ATTEST:
__________________________
Kelly Bakken
County Auditor

The motion for the adoption of the foregoing resolution was moved by Commissioner Larson and was duly seconded by Commissioner Kneip, and upon vote being taken thereof, the
following voted YEA: Klavetter, Kneip, Larson, Telkamp

those voting NAY:

Whereupon said resolution was declared duly passed and adopted.

STATE OF SOUTH DAKOTA            )

:SS

COUNTY    OF   BROOKINGS             )

I, the undersigned, being the duly qualified and acting County Auditor of Brookings County, do hereby certify that the attached and foregoing is a full, true and complete transcript of the minutes of a meeting of the County
Commission of said County, held on August 20, 2002 insofar as the original minutes relating to proceeding for the creation of a tax Incremental district.

WITNESS my hand and official seal of said County this 20th day of August, 2002.
____________________________
Kelly Bakken
Deputy County Auditor, Brookings County
Brookings County, South Dakota

State Auditor, Russ Olson met with the board to inform them that the Brookings County Audit will begin on August 21, 2002.

Robert Rysavy, Vice President with Banner Associates, Inc. met with the board to discuss the Court House Remodeling.  Motion by Telkamp, seconded by Kneip, approving and authorizing the chair to sign Change Order # 1 to approve the time extension to November 29, 2002 on the Law Library Renovation, in the existing Court House at 314 6th Avenue, Brookings SD.  All voting “Aye.”

Motion by Kneip, seconded by Telkamp, approving and authorizing the chair to sign the Johnson Controls Change Order # 1 not to exceed $16,250.00 on the Law Library Renovation, in the existing Court House at 314 6th Avenue, Brookings SD.  All voting “Aye.”

Commission Assistant/Personnel Director, Stephanie Vogel met with the board to discuss personnel items.  Motion by Larson, seconded by Telkamp, to approve and authorize the chair to sign the revised Job Description for the Brookings County Deputy Sheriff.  All voting “Aye.”

Director of Equalization, C. Beryle Sessions met with the board to discuss the 2003 Budget.  Also present:  Bob Mortenson.

ADJOURNMENT
The Chair declared the meeting adjourned until 8:30am Tuesday, August 27, 2002.

It is the policy of Brookings County, South Dakota, not to discriminate against the Handicapped in Employment or the Provision of Service.  The County of Brookings is responsive to requests for communication aids and the need to provide appropriate access, and will provide alternative formats and accessible locations consistent with the Americans With Disabilities Act.
____________________________________
Kelly Bakken
Deputy Auditor
County Auditor’s Office